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Mrplan vs Halifax "CLAIM FILED"


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Mr Plan - I luurrrrrved your letter of 13th - it had all the contempt for the bank that a dominatrix would display...whoever was unlucky enough to open it first must have been squirming in their seat...

 

Wish you well in this - it seems that the moderators' abrupt attitude is starting to rub off on people, and goading them into action...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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'...the Halifax incurs additional costs for every transaction, when we pay an item against an unauthorised overdraft, or return an item unpaid. This is because we have to manually intervene......'

Ther's that magic phrase again

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Mr Plan - I luurrrrrved your letter of 13th - it had all the contempt for the bank that a dominatrix would display...whoever was unlucky enough to open it first must have been squirming in their seat...

 

Wish you well in this - it seems that the moderators' abrupt attitude is starting to rub off on people, and goading them into action...

 

It nice to hold the whip occasionally, PrincessAphrodite has normally got her paws on it.

 

Seriously, the bank play with our money like its a Monopoly game and even when they are found out they continue to play until you take them to court. I know that they do this in the effort that you will give up but it p*sses me off. Like PrincessAphrodite I'm putting all my letters up on this site in an effort to help others.

 

Feel free to use my letters if you want to give the Banks a damn good whippingggggggg.

The power is within your own mind.

Think it, see it, and believe it and it will happen

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Whilst I probably won't use your letter in it's entirety, I will certainly lift some of the more contemptuous phrases for use in my own...now that you have given permission.

 

My intent is to trawl all the letters in this group, and 'craft' a collage of all the bits I find most appealing (with all due respect and consideration for individual authors' rights)

 

Believe me - there is nothing better than a well crafted letter for generating a response. And if it uses very long words that need translating, it completely fu**s up their automated processes, and confuses the hell out of contact centre monkeys.

 

You eventually get a response that has no relevance to your query, thus fuelling your anger at their incompetence...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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'...the Halifax incurs additional costs for every transaction, when we pay an item against an unauthorised overdraft, or return an item unpaid. This is because we have to manually intervene......'

Ther's that magic phrase again

 

Here is something that with make you smile. I'm claiming my money back from 2 accounts, the letter i have already posted is for card cash account and the letter below is for my money back account. See if you can spot there mastakes, it souldnt be to hard Ive under lined it :lol:

 

so what is it manually or automatic :?

 

 

20th February 2006

Dear mrplan74

Thank you for your correspondence.

You will be pleased to know I have arranged to order a copy of your statement to run from when this account was first opened. This account was opened in June 2005 and the statement will run up to and including today's date. You should then be able to see any or all charges you have incurred since the account started.

 

The statements will be with you within seven to ten working days. Regrettably we do not store a list of charges throughout the life of an account, which is why I have ordered the statements for you.

 

I am aware that charges are an issue that many customers feel strongly about. I can also understand that charges automatically applied may sometimes seem a little excessive.

 

It is however, also relevant that the Halifax has chosen to be open about our charges policy by providing information in our account charges and conditions leaflet, and from time to time through statement inserts. In addition, as we are available 24 hours a day, 365 days a year, you are able to obtain a balance at any time to enable you to monitor your account in between statements.

 

Having reviewed your account it is clear that you have been charged in line with the terms and conditions of your account. I am therefore unable to look at refunding them for you.

 

I would also like to remind you that the responsibility for ensuring sufficient funds remain in your Halifax account to cover payments that are due, falls with yourself as the account holder.

 

If you would like to discuss the outstanding balance on this account then you will need to contact our arrears department on 08708501298.

 

Although this was not the response you were hoping for, I trust I have clarified our position for you.

 

matters right. We are Keen to resolve your Concerns, if We are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for help. If I don't hear from you in the next eight weeks I will assume you are happy.

lf you would like to discuss your concerns, please telephone me on 0113 285 1884.

 

Yours sincerely

Craig Skinner

Customer Care Manager

The power is within your own mind.

Think it, see it, and believe it and it will happen

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Can we have a scan of this please. [email protected]

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Spiceskull

You eventually get a response that has no relevance to your query, thus fuelling your anger at their incompetence...

 

But this is all good evidence of there lack of communication and incompetence for when or if you get to court. There don’t know how to reply or defend it because they have never been trained by the banks to say there in the wrong. They are just pepole doing there jobs and it working in our faver. :wink:

The power is within your own mind.

Think it, see it, and believe it and it will happen

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BankFodder

Can we have a scan of this please.

which letters do you want my friend. Ill do it asap :wink:

The power is within your own mind.

Think it, see it, and believe it and it will happen

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because they have never been trained by the banks to say there in the wrong

 

Good call - they are trained to tell you what the bank wants them to tell you - and you are right - the bank could not possibly admit to an error...or could it?

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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BankFodder

Can we have a scan of this please.

which letters do you want my friend. Ill do it asap :wink:

Their's of the 20th Feb 2006

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  • 3 weeks later...

got this letter about my credit card account i have with halifax

 

30th March 2006

Your Reference:

Balance: :1,157.35

Credit Limit: 1,000.00

Overlimit: 157.35

 

URGENT NOTICE

 

Dear Mr PLAN74

Your account is seriously over the authorized limit.To avoid this account being referred to a recovery agent, you must make the FULL payment immediately.

Your credit facilities have now been withdrawn. Do not attempt to use your card as it will be rejected.

 

Yours sincerely,

Martin Lindsay,

Senior Collections Manager.

 

I intend to reply with the following, can maybe somone ie bankfodder have a quike read through and let me know if there is anything i should take out

 

 

Halifax plc

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Please read and understand the gravity and implications of this letter.

 

Dear Sirs,

 

ACCOUNT NUMBER: 00*+-*+*-

 

I am writing to you concerning the letter I received dated 30th March 2006 your Ref L8281. I must say I am appalled that you have chosen to act this way.

 

My reasons for this will become clear as you read through the contents of this letter.

 

On the 30th March 2006 I received a telephone call from Halifax Retail Bank Collections asking when the this account would receive payment to bring the account in order, which I replied the requested minimum amount for April (see attached) of £26.36 had actually already been paid, in fact exceeded, as a payment of £30.00 had been paid. I explained that my intention was to settle this account by the end of the month when I received my fully refunded charges on my Halifax Card Cash and Money Back accounts from Halifax Bank plc.

 

Just to be crystal clear on the last paragraph, 1) I have made the minimum payment and 2) I have given Halifax a time frame of 30 day in which I am able to settle the account.

 

On the 14th February I sent two letters of complaint (see attached) to Halifax plc, Trinity Road, Halifax, West Yorkshire, HX1 2RG and to Customer Complaints, Halifax Card Services , Pitreavie Business Park, Dunfermline, KY99 4BS. Stating that I was unhappy with charges on this account and requested a complete and exhaustive list of all charges made on this account over the last year under the Data Protection Act (1998).

 

Under section 15.3 I find you in breach of the Banking Code. As you are well aware (Within five working days of receiving your complaint, we will send you a written acknowledgement). This has not been done, and it is my belief that this breach has been entered into purposely as an effort to try and influence my decision in an ongoing litigation I have with Halifax Plc over the above mentioned bank accounts. Today, I will be filing a complaint with the Financial Ombudsman Service complete with a copy of this letter and all other letters sent to you.

 

As per section 13.6 of the Banking Code this account is in dispute and any data entry on my credit file and any movement of my account to a Recovery Agent, should show this. I should be notified 28 day before you take such action, not immediately, as implied in your letter and only after you have exhausted all efforts to recover the money yourselves. As mentioned earlier in this letter I have given you a realistic time frame and have not denied I owe some of the amount in question.

 

Again I find you in breach of the Banking Code. section 14.1 (We will consider cases of financial difficulty sympathetically and positively. Our first step will be to try to contact you to discuss the matter) and section 14.2 (If you find yourself in financial difficulties, you should let us know as soon as possible. We will do all we can to help you to overcome your difficulties. With your cooperation, we will develop a plan with you for dealing with your financial difficulties and we will tell you in writing what we have agreed).

 

I also find you in breach of the Data Protection Act 1998 as per sections 7, 8 and 9 of this act. As you are in no doubt aware, you are awarded 40 days to comply with this request or you must request an extension from the Information Commissioner. I had made this request in the above mentioned letters dated 14th February 2006 and you have blatantly disregarded or ignored this request. Please do not use the excuse that you did not receive the letter as there were two sent. I will not entertain this as a defence in this matter.

 

Again today I will be filing a complaint along with a copy of this letter and all others I have sent to you, with the Information Commissioner for breach of the DPA and will be asking that the Commissioner strip you of all data you hold and have placed on Credit Agency’s about me, on the basis that you are incompetant in holding such data and conforming to the DPA 1998.

 

Now to my original complaint, I now understand that the regime of 'fees' which you have been applying to my account in relation to late payment fees, exceeding credit limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract to which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK Law.

 

The law does not allow punitive charges to be made and your terms and conditions cannot over ride the law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I therefore wish to reiterate that if no settlement of the full charges, placed on my account are made via personal cheque within the next 7 days I will continue court proceedings against you for the full amount plus interest charged at 8% and costs as stated in my previous letters to you.

 

Please take note if I do not hear from you within 7 days I shall continue with my summons through the County Court without further notice to you.

 

Of course, if you do decide to defend this matter; I will require from you a full comprehensive breakdown and analysis on your justification for such charges, please understand, it is of no interest to me whether your charges are in line with other lending institutions or the charges were correctly and fairly added to my accounts in line with your terms and conditions. I will not entertain this explanation as a justification or defence as it is these very terms and conditions that are unlawful at Common Law, Statute and recent Consumer regulations.

 

Additionally, if you have entered an unfavourable notice against my credit record. This has occurred merely in respect of unlawful charges levied by you and the removal of a credit facility which in my opinion is in breach of the Banking Codes. In addition to full payment of all charges I require that you remove the unfavourable entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

 

I require repayment in full of this money and removal of any unfavourable notice. If you do not comply fully within 7 days then I shall continue with my claim against you for the full amount plus interest plus my costs and without further notice.

 

Again please let me be crystal clear, it is my belief that Halifax Bank PLC has purposely and intentionally breached the Bankers Code and fore-closed on my account as an effort to control or influence any decisions I may have to make regarding the above mentioned court dispute, and demand that all action on this account be suspended until the Financial Ombudsman Service has returned its report.

 

I feel it only fair to warn you that I have returned to work after my leave, and that my work takes me out of the UK for long periods of time, so I will not always be available to correspond in a prompt manner. I am, however, in the UK today 7th April and will be away again from Sunday 9th April until Monday 17th April if you wish to discuss any of these matters further.

 

In view of this letter, and considering your apparent incompetence to act as my fiduciary in a lawful manner, I will start to consider a course of action whereby I may seek redress for all the inconvenience you have caused me.

 

 

Yours faithfully,

 

mrplan74

The power is within your own mind.

Think it, see it, and believe it and it will happen

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The content is very good. However, it is extremely wordy and I think that you should try to make it more succinct. If you could cut it down to half it would be better and less than that would be even better.

These people rarely pay attention to what is written to them and long letters appear to them to merely be a rant.

 

Also, you haven't referred to the OFT's statement. You should do. Also see my announcement and the thread which I have opened about account closures in general.

 

I think that there are grounds for a complint to the OFT for a retaliatory closure and also a basis for an action inthe county court on the 1999 regs.

I am still working out the strategy as I only thought of it last night - but I think that the theory is spot on and unavoidable.

Start off by shortening your letter and then come back.

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bankfodder

 

reviced letter your comments please

 

I am writing to you concerning the letter I received dated 30th March 2006 your Ref L8281. I must say I am appalled that you have chosen to act this way.

 

My reasons for this will become clear as you read through the contents of this letter.

 

On the 30th March 2006 I received a telephone call from Halifax Retail Bank Collections asking when the this account would receive payment to bring the account in order, which I replied the requested minimum amount for April (see attached) of £26.36 had actually already been paid, in fact exceeded, as a payment of £30.00 had been paid. I explained that my intention was to settle this account by the end of the month when I received my fully refunded charges on my Halifax Card Cash and Money Back accounts from Halifax Bank plc.

 

Just to be crystal clear on the last paragraph, 1) I have made the minimum payment and 2) I have given Halifax a time frame of 30 day in which I am able to settle the account.

 

On the 14th February I sent two letters of complaint (see attached) to Halifax plc, stating that I was unhappy with charges on this account and requested a complete and exhaustive list of all charges made on this account over the last year under the Data Protection Act (1998).

 

Under section 15.3 I find you in breach of the Banking Code. As you are well aware you have five days acknowledge complaint. This has not been done, and it is my belief that this breach has been entered into purposely as an effort to try and influence my decision in an ongoing litigation I have with Halifax Plc over the above mentioned bank accounts. Today, I will be filing a complaint with the Financial Ombudsman Service and the OFT complete with copies of all letters sent to you.

 

As per section 13.6 of the Banking Code this account is in dispute and any data entry on my credit file and any movement of my account to a Recovery Agent, should show this. I should be notified 28 day before you take such action, not immediately, as implied in your letter and only after you have exhausted all efforts to recover the money yourselves. As mentioned earlier in this letter I have given you a realistic time frame and have not denied I owe some of the amount in question. Again I find you in breach of the Banking Code.

Section 14.1 and section 14.2

 

I also find you in breach of the Data Protection Act 1998 as per sections 7, 8 and 9 of this act. As you are in no doubt aware, you are awarded 40 days to comply with this request or you must request an extension from the Information Commissioner. I had made this request in the above mentioned letters dated 14th February 2006 and you have blatantly disregarded or ignored this request.

 

I will be filing a complaint along with a copies of all letters I have sent, to the Information Commissioner for breach of the DPA and will be asking that the Commissioner strip you of all data you hold and have placed on Credit Agency’s about me, on the basis that you are incompetents in holding such data and conforming to the DPA 1998.

 

Now to my original complaint, it is of the opinion of the Office of Fair Trading (OFT) that charges made on account in relation to late payment fees, exceeding credit limits and so forth that are in excess of £12 are unfair and are punitive in nature, and not a genuine pre-estimate of cost and not intended to reimburse your losses for a breach of contract occurring.

 

I therefore wish to reiterate that if no settlement of the full charges, placed on my account are made via personal cheque within the next 7 days I will continue court proceedings against you for the full amount plus interest charged at 8% and costs as stated in my previous letters to you.

 

Additionally, if you have entered an unfavourable notice against my credit record. This has occurred merely in respect of unlawful charges levied by you and the removal of a credit facility which in my opinion is in breach of the Banking Codes. In addition to full payment of all charges I require that you remove the unfavourable entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

Again please let me be crystal clear, it is my belief that Halifax Bank PLC has purposely and intentionally breached the Bankers Code and fore-closed on my account as an effort to control or influence any decisions I may have to make regarding the above mentioned court dispute, and demand that all action on this account be suspended until the Financial Ombudsman Service has returned its report.

 

In view of this letter, and considering your apparent incompetence to act as my fiduciary in a lawful manner, I am now considering complaining to the OFT for the retaliatory closure of this account, and taking action in County Court whereby I may seek redress for all the inconvenience you have caused me.

The power is within your own mind.

Think it, see it, and believe it and it will happen

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  • 1 year later...

Hi carry on with your claim read my thread

Hi my claim with the Halifax, they paid the full amount into my account today £5635.05.

N1 filed 23rd May 2007

Deemed served 25th may 2007

Acknowledged 1st June 2007

Keep on fighting and you will get it.

Heres some helpful numbers 01422 391096 or email

[email protected]

Today 20th June I discovered that 2700.00 had been taken out of my bank, I rang Halifax and was told it was interest on a loan, I told them that I didn’t have any loans so she put me on hold and cam back after 5 mins and said theres been an error I will get someone to call you back in 5 mins (I smoked 5 cigs in 15 mins) got no call back so I rang them and they said sorry about the error your account as been refunded with the 2700.00 what a cheek?

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  • 11 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

The power is within your own mind.

Think it, see it, and believe it and it will happen

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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